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Consumers' Research, et al., Petitioners v. Federal Communications Commission, ...

Docket 23-456, Supreme Court of the United States (Oct. 31, 2023)
Petitioner Consumers' Research, et al.
Respondent Schools, Health & Libraries Broadband Coalition
Respondent USTelecom – The Broadband Association; National Telecommunications Cooperative Association d/b/a NTCA – The Rural Broadband Association; Competitive Carriers Association
...
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Supplemental brief of petitioners - Proof of Service

Document Consumers' Research, et al., Petitioners v. Federal Communications Commission, et al., 23-456, Supplemental brief of petitioners, Proof of Service (U.S. Jul. 25, 2024)
Supreme Court of the Anited States CONSUMERS’ RESEARCH,et al., Petitioners,
I HEREBY CERTIFY thatall parties required to be served, have been served,on this 25" day ofJuly, 2024, in accordance with U.S. Supreme Court Rule 29.3, three (3) copies ofthe foregoing SUPPLEMENTAL BRIEFbyplacingsaid copies in the U.S. mail,first class postage prepaid, addressed as attached.
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Supplemental brief of petitioners - Main Document

Document Consumers' Research, et al., Petitioners v. Federal Communications Commission, et al., 23-456, Supplemental brief of petitioners, Main Document (U.S. Jul. 25, 2024)
On Petitions for Writs of Certiorari to the United States Courts of Appeals for the Sixth and Eleventh Circuits
Petitioners previously asked for rehearing of this Court’s June 10, 2024, order denying their petitions for a writ of certiorari in these two cases, arising out of the Sixth and Eleventh Circuits, respectively.
The primary basis for rehearing was that Respondents had argued this Court should deny those petitions because it could still review a forthcoming decision from the en banc Fifth Circuit—which was likewise considering a nondelegation and private nondelegation challenge to the Federal Communications Commission’s Universal Service Fund (“USF”)—yet Respondents then told the en banc Fifth Circuit that it could not reach the merits after all because this Court’s denials meant Petitioners’ challenges were precluded.
The size of that tax is de facto determined by a trade group staffed by industry insiders with no semblance of accountability to the public.
This combination of delegations, subdelegations, and obfuscations of the USF Tax mechanism offends Article I, § 1 of the Constitution.” Id. at *31.
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Supplemental brief of petitioners - Certificate of Word Count

Document Consumers' Research, et al., Petitioners v. Federal Communications Commission, et al., 23-456, Supplemental brief of petitioners, Certificate of Word Count (U.S. Jul. 25, 2024)
SSupreme Court of the United States CONSUMERS’ RESEARCH, ET AL., Petitioners,
On Petitions for Writs of Certiorari to the United States Courts of Appeals for the Sixth and Eleventh Circuits
Pursuant to Supreme Court Rule 33.1(h), I hereby certify that the Supplemental Brief contains 441 words, excluding parts of the document exempted by Supreme Court Rule 33.1(d).
I declare under penalty of perjury that the foregoing is true and correct.
Executed July 25, 2024.
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Petition for Rehearing filed - Proof of Service

Document Consumers' Research, et al., Petitioners v. Federal Communications Commission, et al., 23-456, Petition for Rehearing filed, Proof of Service (U.S. Jun. 18, 2024)
Supreme Court of the Anited States CONSUMERS’ RESEARCH,et al., Vv.
FEDERAL COMMUNICATIONS COMMISSION,etal., Respondents.
Petitioners,
I HEREBY CERTIFY that all parties required to be served, have been served, on this 18" day of June, 2024, in accordance with U.S. Supreme Court Rule 29.3, three (3) copies of the foregoing PETITION FOR REHEARINGbyplacingsaid copies in the U.S. mail, first class postage prepaid, addressed as attached.
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Petition for Rehearing filed - Certificate of Word Count

Document Consumers' Research, et al., Petitioners v. Federal Communications Commission, et al., 23-456, Petition for Rehearing filed, Certificate of Word Count (U.S. Jun. 18, 2024)
SSupreme Court of the United States CONSUMERS’ RESEARCH, ET AL., Petitioners,
Pursuant to Supreme Court Rule 33.1(h), I hereby certify that the Petition for Rehearing contains 689 words, excluding parts of the document exempted by Supreme Court Rule 33.1(d).
I declare under penalty of perjury that the foregoing is true and correct.
Executed June 17, 2024.
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Petition for Rehearing filed - Main Document

Document Consumers' Research, et al., Petitioners v. Federal Communications Commission, et al., 23-456, Petition for Rehearing filed, Main Document (U.S. Jun. 18, 2024)
Challengers initially lost at the Fifth Circuit, see 63 F.4th 441, but that court then granted a petition for rehearing en banc and heard oral argument in September 2023.
BIO17– 18 (“[T]he en banc Fifth Circuit has not yet issued its 1 A similar petition for rehearing is simultaneously being filed in No. 23-743. decision in that case.
Petitioners dispute that their claims will be precluded in the Fifth Circuit, including because they will soon file a new petition featuring new parties in that Court, which can be consolidated with the pending en banc case.
Rehearing is warranted for the independent reason that this Court just granted review in a case that raises questions about whether the Universal Service Administrative Company (USAC)—the target of Petitioners’ private nondelegation claim—is an “agent” of the United States for False Claims Act purposes.
The grant of a case raising related issues is again a textbook example of “intervening circumstances of a substantial … effect.” Rule 44.2; see Supreme Court Practice § 15-19 (11th ed. 2019).
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Reply of petitioners Consumers Research - Proof of Service

Document Consumers' Research, et al., Petitioners v. Federal Communications Commission, et al., 23-456, Reply of petitioners Consumers Research, Proof of Service (U.S. May. 21, 2024)
Supreme Court of the Anited States CONSUMERS’ RESEARCH,et al., Petitioners,
IT HEREBY CERTIFYthatall parties required to be served, have been served, on this 21* day ofMay, 2024, in accordance with U.S. Supreme Court Rule 29.3, three (3) copies of the foregoing REPLY BRIEF FOR PETITIONERSbyplacingsaid copies in the U.S. mail, first class postage prepaid, addressed as attached.
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